Legal System: civil courts

Question 1

county court jurisdiction

Answer 1

• all contract & tort cases up to £100,000
• all recovery of land
  family law -> divorce and dissolution of civil partnership
  bankruptancy

Question 2

high court jurisdiction
(Hint: 3 divisions

Answer 2

• KBD
• Contract and tort £100,000 +
• Magistrates’ Court appeals (PoL)
• applications for judicial review
• Specialist courts (i.e Commercial + admiralty)
• Chancery
• disputes of land,wills, companies, insolvency and intellectual property matters
• Family division
• cases related to children (children Act 1989)
• exclusive jurisdiction in wardship proceedings (Court custody of minor)
• appeals from Family Law Courts

Question 3

CC + HC pre- trial procedure

Answer 3

• pre-action protocol
• steps a claimant must follow before going to court u.e writing a letter setting out claim
• aim encourage exchange of info -> settle via negotiation
• start case
• Money claim online procedure if under &100,000
  OR N1 Claim form
• brief details of claim + value
  claim pay court fee served

Question 4

name the tracks

Answer 4

• small claims
• fast
• intermediate
• multi track

Question 5

small claims track

Answer 5

• contract + tort cases up to £10,000
• £ 1,500 PI -> traffic incident higher (£5,000)
• County Court
• District Judge
• usually heard private
• represent themselves
• 2-3 hrs & limit on witnesses

Question 6

fast track

Answer 6

• up to £25,000
• county court
• Circuit Judge
• more formal than small claims
• one day
• restriction on expert witnesses

Question 7

Intermediate Track

Answer 7

• £25,000- £100,000
• up to 3 days
  -2 or less expert witnesses either side

Question 8

multi-track

Answer 8

• judicial review
• £100,000 + -> HC -> HC Judge
• complex claims over £25,0000 -> CC-> HC Judge
• case “managed” by judge -> time table -> disclosure. witnesses -> case length
• likely to be represented by experience advocates

Question 9

options once Defendant served

Answer 9

1. D admit claim in full ->end of case
2. D defend case by disputing some or all of amount claimed
3. D make counter claim
4. D does nothing -> C can seek judgement in default

• 2/3 D or defence complete acknowledge of service form (N9) & send to court w/in 14 days then both parties fill our allocation questionnaire to decide which ‘track’